Court declines jurisdiction on El-Rufai’s fundamental rights suit …C0NTINUE READING HERE >>>
The Federal High Court sitting in Kaduna, presided over by Justice R.M. Aikawa, has declined jurisdiction in the suit filed by former Governor of Kaduna State, Nasir El-Rufai, seeking to set aside the Adhoc Committee report of the Kaduna State House of Assembly, among other declaratory reliefs.
In two separate rulings before delivering the judgment, Justice Aikawa held that the applicant failed to prove any of the circumstances that would necessitate setting aside the court’s trial as sought by the applicant.
The court also struck out the application for the judge to recuse himself, citing the applicant’s failure to provide convincing reasons or facts for the court to do so, as determined by a plethora of decided cases.
The court declined jurisdiction rather than dismissing or striking out the suit, as prayed for by both counsels to the respondents.
Additionally, the court exercised its powers under Section 22(2) of the Federal High Court Act and transferred the suit to the Kaduna State Chief Judge for determination by the High Court of Kaduna State.
Femi Falana, SAN, and Sani Katu, SAN, were counsels to the 1st respondent, while Sule Shuaibu, SAN, Attorney General of Kaduna State, and Jummai Danazumi, Esq., were counsels to the 2nd respondent.
After the judgment, some lawyers stated that the ruling should be seen as a victory for the rule of law and a testament to the independence of the judiciary.
“It sends a strong message that the courts will not be swayed by attempts to undermine the legal process,” they said.
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